Parties of the case are from diff states ● Amount in controversy is at least $75K ● MUST HAVE BOTH ● Bristol Myers Squibb (BMS) v. Superior Court (p 37) (^$ --> ^Jdxn--Unconstitutional) ○ Several hundred people harmed by prescription drug ○ People of cali suing pharmaceutical company ○ Did the pharmacy harm in some way? ○ Which Court System? ■ Does it belong in cali? ■ Made it to US Supreme Court ○ Is the way cali determines jurisdiction constitutional ○ General jurisdiction comes from place or residence or corporate “home” → suit for anything ■ Does this business call cali home? ■ NY and NJ Are home for BMS ○ Specific Jurisdiction, suit must arise from contacts with forum state → suit for this issue only ○ At Issue: cali “Sliding Scale Approach” to specific Jdxn … %* ■ Unconstitutional ■ Numerical approach → big numbers → “more money = more jdxn” - Cali
● Contracts with Forum State ○ General PJ: Continuous and systematic contacts with state ○ Specific PJ: Calder Effects Test - a D’s tortious acts can serve as a source of PJ only where P makes a PF showing that D’s acts (1) were intentional, (2) uniquely or expressly aimed at a forum state, and (3) caused harm suffered in forum state and D knew such harm was likely to be suffered ■ P = prosecutor ■ PF = Prima Facie (on its face) = series of requirements that build a concept ■ D = Defendant ■ Forum State = not home state ■ Just because you are doing business in multiple places does not justify being responsible for problems in other states (Longhorn Tshirts example) ■ Have to have all 3 ■ Can be expressly aimed and not intentional (ex: hurricane materials intentionally aimed @ Houston but accidentally aimed @ Florida) ● Additional Issues ○ Venue (geographically where does your case end up) Jdxn (state or fed court) ■ Finer lens → El Paso or Houston ○ Convenience (venue rules help decide this) ○ Conflict of Laws (which states laws get applied?) Ex: TX court hears case but apply Delaware law because business was formed in Delaware ○ Legal (Monetary damages) and Equitable remedies (What does the judge or jury require to rectify a situation, i.e. an injunction) ■ Equitable remedies are anything that isn’t money → Do not do this or you will have to DO this → i.e. restraining order ● Parties to a trial ○ Attorneys (adversarial) ○ Judge = objective and neutral ■ Up to a lawyer to bring things to the judge’s attention ■ Because of this it can be seen as justice being brought ○ Clients ■ $10K threshold for small claims ● Don’t need a lawyer ● Less time ● Judges are nice ■ $100K for big cases ● If less than 100K don’t go to trial ○ 95% of all law suits filed never make it to trial ● Lawsuit Timeline (the steps) (chapter 3; pg. 50) ○ Complaint → summons ■ Problem in formal doc to the correct court ■ Summons = letter shows up “you got served” ○ Motion to Dismiss (MTD) = fails a lot ■ I didn’t do anything wrong, I want to dismiss the case ■ Motion for judgement upon pleadings ○ Answer ■ Denial ■
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- Spring '08